Kennedy v. Kennedy

OPINION

By the Court,

McNamee, C. J.:

This is a tort action by a wife against her husband to recover damages for personal injuries resulting to her from a bullet which she alleges her husband negligently discharged from a gun. The lower court granted the husband’s motion to dismiss the complaint. Appeal is from the judgment of dismissal.

The sole question involved in this appeal is whether a wife has a cause of action against her husband for personal injuries caused by his negligence.

At common law there was no cause of action in favor of a wife against her husband sounding in either tort or…